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Federal Judge Will Not Delay DOJ Antitrust Case Against AA, US Airways

Will Proceed On Schedule Despite Government Shutdown

Among those apparently deemed "nonessential" personnel and furloughed by the U.S. Government are Department of Justice lawyers who are preparing the government's case against the merger of American Airlines and US Airways.

But as the government shutdown took hold Tuesday, U.S. District Judge Colleen Kollar-Kotelly said she would not delay the trial, even though the government's lawyers are not permitted to work on the case, even without pay.

Tulsa World reports that, in her order, Judge Kollar-Kotelly said: "A stay at this point would undermine this schedule and delay the necessary speedy disposition of this matter. It is essential that the Department of Justice attorneys continue to litigate this case."

In a filing requesting the delay, lawyers for the DOJ said that "Absent an appropriation, Department of Justice attorneys and employees are generally prohibited from working, even on a voluntary basis, except in very limited circumstances, including 'emergencies involving the safety of human life or the protection of property'."

The trial is set to begin with opening arguments on November 25. The judge is not expected to render a decision before early next year.

FMI: www.doj.gov, www.dcd.uscourts.gov

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